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Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram

alihkam
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Published by Universitas Islam Negeri Mataram

ISSN : 20881169 EISSN : 27146391 DOI : https://doi.org/10.20414/alihkam

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Al-Ihkam Journal is one of the Faculty Sharia journals of the Departement Islamic Family Law (Ahwal Syakhshiyyah) Universitas Islam Negeri Mataram, which intensely tries to respond, criticize, and comprehensively analyze related issues in contemporary Islamic Family Law from various scientific perspectives.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 122 Documents

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ISLAMIC LAW PARADIGM (CLASSIC AND ALTERNATIVE) Nunung Susfita
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 1 (2019): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Paradigm is a collection of assumptions, concepts, and proportions that are logically put together and function to direct thought and study. Celestial religion before Islam has a limited capacity of time and place. The temporary nature is limited by the presence of the Prophet afterwards, such as the teachings of Musa a.s. The deadline is when the teachings of Isa a.s arrived. In contrast, the religion of Islam brought by the Prophet Muhammad is the last and final religion. The Qur'an is essentially a document of diversity and ethics that aims to be practical, to create a society of good morality and justice. The doctrine of freedom of human will as proclaimed by the Mu'tazillah is part of the theological concept of God's justice and defeats the original aspect of freedom and human responsibility. Among Orthodox, this human freedom means God's indifference. They accused the Mu'tazilah sect as extreme humanism, they asserted that God is outside the human concept of justice. What human beings see as God's justice does not mean that to Him, but what He does for humans does seem fair and rational to humans.

GENDER EQUALITY FOR WOMEN VICTIMS OF VIOLENCE IN HOUSEHOLD Dudi Badruzaman; Ahmad Ropei
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Discrimination against women is a problem that often occurs in almost all levels of society, even in most parts of the world. This study aims to determine the understanding of gender equality and how the results of the analysis to reduce violence and provide justice for women in Indonesia. The method used is field research by collecting data, conducting interviews, and analyzing documentation data. Gender is not a movement that fights for women's destiny, on the contrary, it is a movement that erases maternal instincts from women by separating the natural and non-natural roles. Thus, gender is not just a term but a doctrine feminist that erases human nature.

CONSIDERATION OF THE MATARAM RELIGION JUDGES IN DETERMINING THE LEVEL OF MUT'AH AND NAFKAH IDDAH IN DIVORCE (TALAK) CASE, (Case Analysis No. 0041/Pdt.G/2018/Pta.Mtr and No. 0081/Pdt.G/2018/Pta.Mtr) Samsudin Samsudin
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

Judges' considerations often do not provide satisfaction and do not provide a sense of justice to the parties. The decision of the judge of the Religious High Court is considered the final place, although it can submit an appeal to the Supreme Court which is the highest institution in the area of ??the religious court, so the researcher raises this title and formulates the problem that is the direction of the research. This study aims to find out how the judge's judgment and whether the judges of the Mataram High Court in determining the level of mut’ah and livelihood in the divorce case have fulfilled the principles of justice, usefulness, and legal certainty. The type of research used is qualitative research. Data collection techniques use study decisions, documentation, and interviews. In addition, the data obtained are informants' information, documentation, and are not numbers. Based on the results of the study, the results obtained are as follows: 1) The consideration of the judges of the Mataram High Court in determining mut’ah levels and iddah livelihoods on divorce cases is observing from work, income, wife who is not incoherent and also to the old wife accompany her husband in fostering a family. 2) whereas regarding the decision of the judges of the Mataram High Court in determining the level of mut’ah and livelihood of the iddah in divorce cases the principles of justice and legal usefulness has not yet been fulfilled, the judge is more focused on the principle of legal certainty and the fulfillment of rights and obligations. However, the amount determined is not in accordance with the sense of justice and certainly will not be fulfilled. In its decision, the judge saw the Law, Compilation of Islamic Law (KHI), Islamic Sharia (Al-Qur'an and Hadith), Perma Number 03 of 2017, and Circular of the Supreme Court of Republic of Indonesia Number 1 of 2017.

DILALAH MANTHUQ AND MAFHUM IN THE IMAM SYAFI'I PERSPECTIVE Ahmad Fadli Fauzi
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

If traced the meaning contained in each verse of the Qur’an , it turns out that many verses still need a deeper explanation of the law contained in the verse. This means that the verses of the Qur’an not only provide a direct and clear understanding, but there are verses of the Qur’an whose meaning is implied in them. The lafaz instructions for meaning are sometimes based on the sound (manthuq) of the spoken word, both explicitly and possibly containing other meanings in it. And sometimes based on understanding (mafhum) both the law in accordance with the law manthuq or contradictory. This is what is called Manthuq and Mafhum.

RECHTSVINDING METHOD OF JUDGES IN FILLING LEGAL EMPTY "STUDY OF APPROACHES IN LEGAL DISCOVERY" Apipuddin Apipuddin
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

One of the important stages in the world of justice is the stage of legal discovery by judges to resolve cases that are being disputed. Many new cases emerge and escape from existing legal rules resulting in a legal vacuum, while judges must not refuse to examine, try and decide on cases that come to them on the grounds of lack of law or unclear regulation. Judges are required to find the law in resolving disputes. On the other hand, the implementation of procedural law shows a formalistic, positivistic, and textualist image, and the condition is assumed to be a part that contributes to the method of legal discovery by judges and the quality of decisions produced. In a pluralistic state of law such as in Indonesia, of course, the legal discovery of justice must be based on the perspective and method of studying legal science. The study must not stop let alone rely only on the perspective of positive legal ansicht. It is important for judges to accommodate perspectives, approaches, theories, rules, and other legal norms such as Islamic Law with the Istinbath Al-Ahkam method and Customary Law with their very varied and characteristic views on the law. The comprehensive review is expected to have an impact on the inclusiveness of judges in harmonizing all approaches and legal systems that apply in their decisions and does not consider the position of the text of the legislation to be final and free from penetration of the interpretation of reason that develops in accordance with the behavior of the community, which is very dynamic.

MARRIED AL-GHAZALI PERSPECTIVE STUDY CONCEPT AND STRATEGY Abdullah Abdullah
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

Studying Al-Ghazali's thoughts about the concept of marriage is very interesting, at least due to two things, First Al-Ghazali individually is an Islamic scientist in almost all disciplines, his title as Hujjatul Islam is a form of indisputable recognition, Secondly, Concept Al-Ghazali concocting the concept of marriage does not stop at the legal dimension, but is framed with ethics on how to realize a substantial vision of marriage, so that the concept of marriage that is built has a spirit of change towards happiness. The concept of marriage offered by Al-Ghazali is expected to be able to realize social transformation in the community. According to Al-Ghazali Creating a harmonious and lasting family must go through three stages, the first is the pre-marital stage which includes the development of motivation and selection criteria. The criteria are divided into two halal criteria and ideal criteria (eligibility). Second, Post-Marriage, In Post-Marriage Proportional interactions are the key to harmony among the interactions that must be considered by the couple is, Holding Walimah. Be Understanding of Spouse, Husband must give time to rest, recreation and fun to his wife, Husband must maintain authority by being assertive, Proportional in Jealousy, Proportional in Living, Teaching Religious Law to the Family, Caring for Jima'. Third, the resolution of problems in the household must be wise. In general, the concept of marriage of Al-Ghazali is built on the principle of Proportionality, so the key to building harmony and household integrity is on Proportionality in interactions with spouses.

CONSISTENCY OF JUSTICE IN RELIGION DEFENDING WOMEN'S RIGHTS Syaiful Annas
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

In a responsive legal framework, insistence on legal change is a natural thing, because the law should be seen as a rule that is closely linked to social reality. The existence of changing social realities, usually followed by a sense of justice that changes society and the law should also change. The reality of community life, especially relations between men and women, has changed from time to time. This is influenced by many things, including economic development, technology, education, and law.

CONFLICTS IN ISLAMIC JURISDICTION Jaya Miharja
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

An interesting and easily visible phenomenon in the study of Islamic law is the existence of several concepts in pairs, for example, the concepts of zahir and mind, muhkamat and mutasyabihat, qat'iy and zanni, reason and revelation, as well as idealists and realists and so on. The problem that can arise is how to understand and position these concepts proportionally. Because it cannot be denied that there are parties who see dichotomously the phenomena of the pairing concepts. Can we say that there is no dichotomy between the paired concepts? This was observed by Coulson, who was originally a serial lecture material at Chicago University, United States.

REACTION OF ULAMA ON FATWA CONTEMPORARY YUSUF AL-QARADHAWIY ABOUT SUICIDE BOMBING Dahyul Daipon
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Fatwa Yusuf Al-Qaradhawiy about "Suicide Bombing" was born to respond to the bombing of istisyhaad "looking for shaheed" several times. In this case, Yusuf Al-Qaradhawiy said that using bombs as a tool and weapon that can kill enemy forces even your self is in the context of facing the enemy of Allah who is strong and sophisticated in his weapons where he relies on several arguments that include both the text of the doctrine (pen. Nash) or according to reason. The methodology used by Yusuf Al-Qaradhawi in his fatwa is to use the iqtihad intiqa’i method. This fatwa is for Qardhawiy indeed in the context of defending religion by taking into account at least three conditions namely First, knowing that the war that he followed was a war that was prescribed in religion (masyru'iyah). Second, jihad is carried out by the order of the leader (imam). Third, consider every action to be saved (not killed). Therefore there is no word of surrender or submission to be killed easily by unbelievers.

DIVORCE BEYOND THE COURT OF RELIGION FOR HIGHER EDUCATION (GRADUATE) Yanti Yanti
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

The background in this study is divorce outside the Religious Courts conducted by couples who have a history of higher education (bachelor). In-Law Number 1 of 1974 Article 39 and Compilation of Islamic Law Article 115 which states that "Divorce can only be carried out before a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties". The existence of these laws and regulations applies to all Indonesian citizens who are Muslim. Although it has been explicitly explained in the legislation regarding the necessity of divorce before a court hearing, in reality, the law is still ignored. Just like what happened in Renah Sungai Ipuh Village that the people in this village are still conducting divorce outside the court, from the data obtained by the author from 2013-2017 there were 24 couples who had divorced outside the Religious Court and 7 pairs of the perpetrators of the divorce were couples who have a high educational history (bachelor). The method used in this research is to use qualitative methods, namely analyzing the data that has been obtained. The conclusion of this research is first, that the causes of divorce outside the Religious Courts are 1. because they follow customs, 2. because they want to maintain their good name, 3. because of coercion from parents and 4. because the litigation process is too long and difficult. Second, the response of BP4 to the practice of divorce outside the Religious Courts, BP4 felt very concerned about the condition of the community who did not want to register their divorce in the Religious Courts, this BP4 has carried out its duties and functions to the maximum extent but has not been successful.

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Fariz Al-Hasni

Contact Email
al.ihkam@uinmataram.ac.id

Phone
+6285934327883

Journal Mail Official
al.ihkam@uinmataram.ac.id

Editorial Address
Berugak Journal, Jln. Pendidikan No. 35, Kota Mataram Nusa Tenggara Barat 83125

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Fariz Al-Hasni

Contact Email al.ihkam@uinmataram.ac.id

Phone +6285934327883

Journal Mail Official al.ihkam@uinmataram.ac.id

Editorial Address Berugak Journal, Jln. Pendidikan No. 35, Kota Mataram Nusa Tenggara Barat 83125

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Fariz Al-Hasni

Contact Email
al.ihkam@uinmataram.ac.id

Phone
+6285934327883

Journal Mail Official
al.ihkam@uinmataram.ac.id

Editorial Address
Berugak Journal, Jln. Pendidikan No. 35, Kota Mataram Nusa Tenggara Barat 83125

Location
Kota mataram,

Nusa tenggara barat

INDONESIA